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Corporations Keyed to O’Kelley
In re Kemp & Beatley, Inc.
Citation:64 N.Y.2d 63 (1984)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Petitioner Dissin had been employed by Kemp & Beatley for 42 years when, in June 1979, he resigned. Petitioner Gardstein had been a long-time employee of the company. Apparent unhappiness surrounded petitioners’ leaving the employ of the company. Petitioners considered themselves to be frozen out of the company; whereas it had been their experience when with the company to receive a distribution of the company’s earnings according to their stockholdings, in the form of either dividends or extra compensation, that distribution was no longer forthcoming. Gardstein and Dissin, together holding 20.33% of the company’s outstanding stock, commenced this suit, seeking dissolution of Kemp & Beatley.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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